Indonesian Supreme Court Circular - Drugs

In an interesting move the Indonesian Supreme Court has issued a Circular that directs courts to place drug addicts and users into rehabilitation rather than sending them to prison. The rationale is that the Indonesian prison system is not conducive to the rehabilitation process and will likely result in recidivist behaviour in offenders and this is apparently not the objective of sending someone to prison.

I am all for second chances and rehabilitation.

Essentially, the Circular directs all Chief Judges at the High Court and District Court level to consider placing addicts and users into rehabilitation centres or other acceptable places and into programs such as detoxification (1 month), a primary program (6 months), and a Re-entry Program (6 months).

However, there are strict conditions on the ability for District and High Court judges to place addicts and users into a rehabilitation situation. These conditions include that the addict or user is caught red-handed and their "stash" does not exceed proscribed limits. These limits are:
1. heroin - 0.15 grams;
2. cocaine - 0.15 grams;
3. morphine - 0.15 grams;
4. marijuana - 1 joint or 0.05 grams;
5. ecstasy - 1 tablet;
6. crystal meth - 0.25 grams; and
7. other narcotic drugs in classes I through III and psychotropic drugs in classes I through IV.

It will also require a statement letter evidencing that the individual is in fact using and that the supporting evidence does not indicate that the individual is in fact a dealer or trafficker.

If the addict or user meets these conditions then it is likely that they will now get a slap on the wrist and sent to rehabilitation rather than go to jail.

The Circular is No. 07 of 2009 and is current as of 17 March 2009.

If anyone is interested in a copy of the Circular you could ask hukumonline.

Sheila Marcia Joseph and Drugs

This is old news as it in seven days off the pace. However, having had a squizz at my statistics and visitors over the past week it seems that some people have been passing through in pursuit of information on the young starlet and her legal dramas as a result of her recent drugs bust.

I have written about this case before but mainly because it is a sad and interesting story and I could post a sexy photo of her to entertain you all.

The first hearing of the case occurred last week (20/10/08) in the North Jakarta District Court and lasted a mere 20 minutes. The 20 minutes was enough time for the Public Prosecutor to read out the indictment and the charges that Sheila is to face. Sheila is looking a little worse for wear after her time in custody (photo courtesy of Kapanlagi.com). She was accompanied by her lawyer, Mudarwan Yusuf, and an assistant, Aprilyana. Her family and some friends were also in attendance by all accounts.

The indictment charges that Sheila has breached Articles 60 - 63 of the Narcotics and Psychotropic Drugs Law. These Articles in essence relate to the possession of drugs for personal use and carry a maximum term of imprisonment of five years.

The indictment also states that the amount of shabu in question is 0.0586 grams and that she was also in possession of a bong, two lighters, and a little blue box to store all the drug paraphernalia in. The other evidence of the commission of the offence is urinary. The Public Prosecutor has even provided the plastic bags that the urine was collected in.

The Public Prosecutor did not manage to secure the attendance of the witnesses so the Judge adjourned the matter for a week. Presumably this is so the witnesses can be secured and attend. The witnesses are police officers.

I might make this a regular column here and follow this case through to the end. I am guessing at this stage that Sheila is not likely to get the maximum in this case. She is likely to get time served, particularly if she admits to being an addict and agreeing to seek help, or maybe 18 months on the very outside for a first time offender. I would guesstimate 12 months.

This would make a good lesson on the dramas that drugs can get you into. Is it likely to be a major deterrent to others thinking about doing drugs, probably not. Simply, nobody thinks they will ever get caught.